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got punted by a landrover freelander
hi ladies and gents, fraid to say i got in a tangle with a landrover on the 31st of march i write this from my hospital bed in the RUH 11 days after it occured, heres how it happened
was on the a367 at the top of bear flats in bath, i started to safely over take the slow moving traffic on the road just before hitting the section pf of dual carriageway. I was not speeding
Suddenly drom the left a landrover freelander pulled out of shakespere avenue from my left and punted me good and proper, sent me flying 10 meters, saw the bike pirouette across the road whiles upside down in the air then i landed.
Emergency crews were awesome got me to hospital as best they could. I sustained a few good injuries which have left me out of action. The impact from the freelander shattered my left femur into 7 pieces, snapped all the ligaments in my left knee and upon hitting the floor, fractured my left elbow.
I now have a lovely metal rod holding my thigh together, I will publish the xrays when i have them (probably)
The police has ruled the incident 50/50 as i should i have not been there, but i was overtaking safely and legally in my eyes and would not say it was 50/50 at all, she turned into my right of way and didnt look at all.
I may be able to go home soon but wont be mobile and will need to eat sleep and **** in the same room for a while :(
now the questions,
will the polices verdict of the incident effect any insurance claim / personal injury claim i may have??
im not sure how this all works
any advice appreciated
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Re: got punted by a landrover freelander
Hi there
Sorry to hear about your accident :( - hope you recover quickly.
As for your question - please pm me and I will see if I can help (im a solicitor)
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Re: got punted by a landrover freelander
Sorry to hear about your accident and hope you recover soon. I can recommend this guy, he is an ex police motorcycle trainer and accident investigator.
Tony.Carter@mwsolicitors.co.uk.
Google, Mcmillan Solicitors.
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Re: got punted by a landrover freelander
White Dalton, you need a solicitor on side who knows the law, especially regarding to bikers and filtering etc. If you haven't heard of them, they have a column in Fast Bikes and are all bikers, and solicitors not the usual idiots appointed by your insurance. Tell them Mitch from Chippenham sent you (Rhiannon is dealing with me presently, regarding my off), the filth are talking b*ll&cks, this thread may help also,
http://www.therevcounter.com/general...-my-claim.html
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Re: got punted by a landrover freelander
Kin ell GW,
Mend well and good luck with your claim.
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Re: got punted by a landrover freelander
Yeah, as already said - get a specialist solicitor on the case. Not only do they know the situation, they have the experience too! A good solicitor is worth their weight in gold!
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Re: got punted by a landrover freelander
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Re: got punted by a landrover freelander
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Re: got punted by a landrover freelander
I'm not a lawyer, but I do remember the police saying at Bikesafe, that if you overtake past a junction, then the liability is 100% yours as the overtake is unsafe. The driver may never have been able to see you as you would have been coming past the the traffic obscuring his view.
If they are offering a 50/50, in those circumstances, I would probably bite their hand off. I may have misunderstood your description though, in which case if I've got it wrong I apologise in advance!
In this diagram you would have overtaken the purple car, and the driver pulling out wouldn't have seen you...
http://www.direct.gov.uk/prod_consum.../dg_070545.jpg
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Re: got punted by a landrover freelander
Sorry to hear about your accident and GWS
Quote:
will the polices verdict of the incident effect any insurance claim / personal injury claim i may have??
Maybe, maybe not.
The police are only interested in criminal offences. In addition they will only make a prosecution where there is evidence "beyond reasonable doubt" as the bar is set high to convict.
The police are not the slightest bit interested in the civil liabilities and settling the costs is a civil matter.
So if someone is prosectued that will help greatly for the insurer to decide liability for the costs.
If there is no criminal offence I'm afraid the police will not be interested and their report may not contain much of value.
The police do not deliver "verdicts" on civil liability. They only decide whether they want to prosecute anyone for a criminal conviction.
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Re: got punted by a landrover freelander
Glad to here you are on the mend, the bike can be replaced.
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Re: got punted by a landrover freelander
thanks for the well wishes guys, just heard from the knee specialist who wiggled my knee around which is as slack as a pros's chuff. going to be here another 10 days minimum as they are going to try and fix it. to be fair, had enough of it now though.
for the record im not interested in getting them prosecuted, im worried about all the time, pain and anguish the incident has caused me.
its not put me off biking though (just hoping i can get back on a bike after all of this trauma to my left leg)
grrrr
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Re: got punted by a landrover freelander
Hi mate, sorry to hear you had an off, hope things mend soon, how did the camera van/ speeding thingy end up? cheers for now, wes.
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Re: got punted by a landrover freelander
wow, hope you're back up on your feet real soon, back up on 2 wheels sounds like it might be a while longer :-/
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Re: got punted by a landrover freelander
sorry to hear about this.. gws
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Re: got punted by a landrover freelander
yo wes, no worries,
these things happen, just thought it would be my fault going into a corner too quick and it letting go on me rather than being klonked by a landy (bit naieve of me i guess) got a speed awareness course though have been goven special dispensation on a date for it due to this incident, which is a help.
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Re: got punted by a landrover freelander
Hope you're up and about again soon
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Re: got punted by a landrover freelander
How's your recovery coming along out of the RUH yet..?
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Re: got punted by a landrover freelander
yo stu,
nah not yet, was bought in on friday the 31st by ambulance, had my femur pinned on saturday, been here since, now they want to keep me for another op on friday / saturday to repair my knee so will be here another undertermined amount of time. its really got me down now. hating it, just want to get home even though i cant do anything but lie there.
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Re: got punted by a landrover freelander
Ooh, ouch!! Good luck with the op at the weekend and hope you get well soon!
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Re: got punted by a landrover freelander
I spent 9 days in the RUH a few years back, I was stir crazy in the end !! I know how you feel, wanting to get home.
Get well soon buddy, hope your injuries heal quickly and you can get back to normality. :)
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Re: got punted by a landrover freelander
glad to hear you're on the mend
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Re: got punted by a landrover freelander
Hi Andy, sorry to hear about your prang. If I can help you get your confidence back, once you're up and about again, just give me a shout. Depressing and boring it may be in RUH, but you're in the best place at the moment. Get yourself fixed and up and about again.
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Re: got punted by a landrover freelander
Ow....GWS buddy hope your two wheeling again real soon
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Re: got punted by a landrover freelander
Sounds painful, get well soon
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Re: got punted by a landrover freelander
yikes! sorry to hear about your prang :( GAS budd!
filtering is a bit of a grey area in the law. my view however. the highway code says that when waiting at a junction you must have a clear view in both directions before emerging. now if there are cars.in either direction. moving or stationary you cannot possibly have clear view. however from personal experience using that as an argument doesn't seem to get you very far!
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Re: got punted by a landrover freelander
Bad News keep your pecker up and get well soon !!! [smiley=smiley.gif]
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Re: got punted by a landrover freelander
thanks mark, rest assured i will do. i lnow this is the best place for mw though communication between the staff here is pretty terribleat best. the nursing staff are excellent though and really out do themselves and will bend over backwards to help you. Gonna need to get them a gift when i get out of here, want to track down the emergency crew too who helped me out to let them know how greatful i am for thir help
as i said i genuinely do not feel that 50 % of the blame can be attributed to myself but cant be bothered to argue now. the police seem pretty disinterested and just want to let it rest but as mentioned i have no idea of how the insurance companies will work it out. the simple point is that she moved into my right of way and in doing so hit me with the front of her car. from everything i have read i was certainly not doing anything considered illegal and considering the car had defective tyres it should not have been on the road. my insurers are mce, anyone know what theyre like??
its a shame it happened so soon, have been so so careful and hear you in my left ear all the time mark, i certainly would not have tried anything stupid.
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Re: got punted by a landrover freelander
Jeez, what a bummer. GWS :)
Once you are fit enough to ride, do as Mark Able says and get out with them. They were a great help to me when I got back out on the road. ;)
BB
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Re: got punted by a landrover freelander
wonder if anyone will insure me on a speed 4 after this incident........ *chuckles*
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Re: got punted by a landrover freelander
Andy, I'm sure you weren't doing anything wrong, still being a newbie to the road. But unfortunately, it's always down to the individual who is overtaking (or filtering on this occasion) to take responsibility for their actions. It does seem a bit harsh that the Police aren't taking any action against her, seeing as she had no rubber on her tyres though. >:(
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Re: got punted by a landrover freelander
Sorry to hear of your accident get well soon
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Re: got punted by a landrover freelander
well the good new is that im on tue mend, gonna need at least one more operation on my knee in the future. every single part of my knee was f*****. I can go home in a cast.
The bad news:
the knee consultant mentioned 'getting to know me well over the next year or 2' which says to me that i may not be able to get back in the saddle for a year or 2. obviously the prospect of this makes me very sad and also makes life difficult as i cannot afford to commute by train or car.
maybe i will need to use the insutance pay out for a season train ticket :'(
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Re: got punted by a landrover freelander
Quote:
maybe i will need to use the insutance pay out for a season train ticket
Make sure your uninsured loss recovery firm know all about your losses including clothing, helmet etc.
Presumably loss of income as well.
Ask about future losses e.g. commuting costs, but I believe it can be covered.
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Re: got punted by a landrover freelander
not good news, hope its sorted real soon
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Re: got punted by a landrover freelander
well...
they performed knee surgery on wednesday. the didnt use any local anaestetic so when they woke ne up i was screaming, they subsequently pumped me full of morphine, i therow up everywhere and then went to sleep.
my leg is now in a proper cast and i am waiting for the physio to see me today to help me with some crutches. lets hope i pass their little test as its likely they will let me home today. I am sooo hoping i can leave today.
just because i am going home does not mean i am 100%. they couldn't do all of thr work they wanted to in my knee which will mean at leasr 1 more operation in the future, many out patient visits and lots of physio and rehab
This has been the hardest 2 weeks of my life and no doubt the whole incident will continue to have an effect on me for the long term.
There are so many people that have helped me get to this stage, not only NHS staff but also friends, family and my girl.
I am determined to ride again, though it is going to take a long time to repair the damage suffered this time round.
Got my sights set on the brighton burnup / ace cafe reunion in Sept, but this is probably just wishful thinking so the real milestone will be the TT next year.
I know this will drag on with the insurance companies though i maintain my stance, what i was doing was completely legal, I had right of way and the driver of the freelander was not paying enough attention. All the points of the highway code are in my favour and therefore hope that it is seen this way.
I will contact some of you that have offered assistance once i am home and can communicate properly, rather than on a phone keypad.
Cheers for all the well wishes, I loved the hornet, but wont find another in the same condition as harriett so got a good long time to do some window shopping.
much love, Andy/GW/CR
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Re: got punted by a landrover freelander
ok so now im not going home..... Gutting.
just wanna go home :'(
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Re: got punted by a landrover freelander
Aww man, keep smiling and don't let them get you down. Very easy to say and very hard to do as I know from experience. They will ship you out as soon as they can I'm sure. :)
You going through lots of interesting colours/shades? I was multicoloured for some time :o ;D
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Re: got punted by a landrover freelander
Chin up buddy and hope justice lands where it rightly should
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Re: got punted by a landrover freelander